Indemnification of the Custodian. 6.1 The Trust and Bank hereby agree that Custodian is released from any and all liabilities to the Trust and Bank arising from the terms of this Agreement and the compliance of Custodian with the terms hereof, except to the extent that such liabilities arise from Custodian's gross negligence or willful misconduct. In no event shall Custodian be liable under this Agreement to the Trust or Bank or any Person claiming by through or under the Trust or Bank for consequential or special damages, even if Custodian has been advised of the possibility or likelihood of such damages. This provision shall survive the termination of this Agreement.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Dividend & Income Fund), Pledge and Security Agreement (Midas Series Trust), Pledge and Security Agreement (Dividend & Income Fund)
Indemnification of the Custodian. 6.1 The Trust and Bank hereby agree that Custodian is released from any and all liabilities to the Trust and Bank arising from the terms of this Agreement and the compliance of Custodian with the terms hereof, except to the extent that such liabilities arise from Custodian's ’s gross negligence or willful misconduct. In no event shall Custodian be liable under this Agreement to the Trust or Bank or any Person person claiming by through or under the Trust or Bank for consequential or special damages, even if Custodian has been advised of the possibility or likelihood of such damages. This provision shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Spirit of America Investment Fund Inc)
Indemnification of the Custodian. 6.1 The Trust and Bank hereby agree that Custodian is released from any and all liabilities to the Trust and Bank arising from the terms of this Agreement and the compliance of Custodian with the terms hereof, except to the extent that such liabilities arise directly from Custodian's ’s gross negligence or willful misconduct. In no event shall Custodian be liable under this Agreement to the Trust or Bank or any Person person claiming by through or under the Trust or Bank for consequential or special damages, even if Custodian has been advised of the possibility or likelihood of such damages. This provision shall survive the termination of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Spirit of America Investment Fund Inc)
